BEFORE THE DISTRICT FORUM (UNDER CONSUMER PROTECTION ACT, 1986) MEDAK AT SANGAREDDY.
Present: Sri P.V. Subrahmanyam, B.A.B.L., President.
Smt. U. Sunita, M.A., Lady Member
Sri Mekala Narsimha Reddy, M.A.L.L.B., P.G.D.C.P.L.,
Male Member.
Tuesday the 24th day of February, 2009
CC.No. 26/2008
Between:
B. Veerapa S/o Shankarapa
Aged about 65 yrs,
R/o Muslapur Alladurg (M),
Medak District.
….Complainant
And
The Divisional Engineer,
O.P./APCPDCL/Jogipet/Medak District.
…Opposite Party
The complainant came up for final hearing before us on 28.01.2009 in the presence of the complainant in person Sri. Ch. Nagender, advocate and Sri. B. A. Srinivas Reddy, Advocate for opposite party, upon hearing the arguments, on perusing the record and having stood over for consideration till this day, this forum delivered the following.
O R D E R
(Per Sri Mekala Narsimha Reddy, Member)
This complaint filed Under Section 11 and 12 of Consumer Protection Act, 1986 for paying to the Hon’ble Forum direct the opposite party to pay Rs.25,000/- as compensation for Non explanation of the Additional Consumption Deposit charges, got issued legal notice no reply was made, did not pay back Additional Consumption Deposit amount which is Rs. 825/- collected from the complaint and award cost of the complaint.
-2-
The complainant is electricity consumer bearing no. 0051700212 A.C. 005 and the SC installed at muslapur village the complainant has received a bill no.
12 dated 14.07.2007 for payment of an amount of Rs. 1274 and further demanded by the opposite party to pay the Additional Consumption Deposit charges of Rs. 825/- and the complainant had already paid the entire due amounts towards electricity charges up to date and the complainant is not liable to pay the Additional Consumption Deposit charges and approached the opposite party for clarification of Additional Consumption Deposit charges but the opposite party was helpless to explain the Additional Consumption Deposit charges . It shows their in efficiency and laziness which was harmful to the complainant.
The complainant got issued legal notice on 11.09.2007 through registered post with acknowledgement and the opposite party quit without issuing any reply to the legal notice. The opposite party alone is responsible in view of the imperfect non explanation of the Additional Consumption Deposit charges besides knowing to give the reply for the legal notice sent by an advocate.
The complainant further submit that opposite party threatening to him if he will not pay the Additional Consumption Deposit charges them the opposite party went to his house and warned him of disconnections of electricity that’s the complaint have nor any other scope than he paid the Additional Consumption Deposit charges Under protest to the opposite party vide receipt No. 389397, dated on 20.02.2008.
The opposite party filed counter and not disputing the complainant B. Veerappa is the consumer bearings SC No. 5551700212 New and 0051700212 AC 005(old) cat III 10 HP Load at muslapur.
It is submitted that Section 47 of the electricity Act, 2003 empowers the distribution license to seal reasonable security from the consumer who requires supply of electricity in pursuance of section 43 an may be determined by the reputations for payment to him of all the monies which may become due to him(i)
-3-
in respect of the electricity supplied to such consumer or (ii) towards the cost of electric line or electrical plant or electrical meter is to be provided for supply of
electricity in respect of such line or plant or meter. And it that such person fails to give such security the distribution license of the thinks fit he may refuse to give the supply of electricity to provide the line or plant or meter. The security amount so
given by the consumer requiring supply of electricity shall be refundable and carry interest equivalent to bank rate or more may be specified by the state regulatory commission. However if the person requisite supply is prepared to take supply through a pre payment meter the distribution licensee in not entitled to any security. The complainant contention is that Additional Consumption Deposit charges already paid in the bill of 14.07.2007 as charges in mis conceived Additional Consumption Deposit means additional consumption deposit as per clause 4(1) in 2004 regulation, L.T. consumers shall at all times maintain with the license amount equivalent to consumption charges. The clause 16, of the Andhra Pradesh Electricity Regulatory Commission says that subject to billing periods of two or three months as specified in clause 4 the adequacy of the amount of security deposit in respect of consumers shall be reviewed by the license generally once in every year (preferably after revision of tariff for the respective year) based on the average consumption for the period representing 12 months from April to March of the previous year. Accordingly the Additional Consumption Deposit of the consumer on SC No. 5551700212 (New) have been reviewed for 2006 to 2007 based on average consumption for the period from 4/06 to 3/07 as follows – 4/2006 – 129 units 3/07 - 171 units average per month = 2859/12 = 238 Units energy charges For two months 2 * 238 * 3.75 = Rs. 1785.00 Consumer charges
Rs. 370.00 Fixed charges per HP at Rs. 3.75
Rs. 28.00 Electricity duty
Total: Rs. 2223.50 or 2224
Security deposit required based on review Rs. 2224.00
Less Security Deposit Existing Rs. 1399.00
Balance additional consumption deposit Rs. 825.99
-4-
On the review of the consumption as stated supra the demand for payment of Rs. 825/- towards the Additional Consumption Deposit was made through notice to the consumer. As matter of fact the details of additional consumption deposit amount were explained to the complainant orally and he was informed that if he does not pay the said amount the power supply will be discontinued. And he was satisfied and paid the Additional Consumption Deposit amount of Rs.825/- without any protest the complainant has availing the electricity without any interruption, the notice was misplaced regarding the shifting of the office, thus it clearly shows that there is no deficiency in service on the part of the opposite party in rendering service to him, the present complaint not maintainable. It is false to allege that the opposite party went to the house of the complainant and threatened to disconnect the power supply of the does not pay the Additional Consumption Deposit charges.
The opposite party being stated previously the score at Jogipet was managing and maintaining the distributions and supply of electricity with in its jurisdiction the co –operative society established relating to Transmission, distribution trading and use of electricity in rural areas conducive to development of electricity industry protecting interest of consumer and supply of electricity to all arrears were not successful so the employees at Jogipet Division were busy in the collection of the arrears of CC charges and to curtail the pilferage of power day in day out. And only the Targets fixed by the heads of the department where writing in the minds of the employees in collection of the due arrears the legal notice issued but the counsel for the complainant received in the office of the opposite party could not be brought to the notice of the opposite party to give reply to it. Than DE/OP/APCPDCL was transferred and the present DE/OPPOSITE PARTY/APCPDCL took change in December 2007 the receipt the legal notice was not brought to his notice the allegation in opposite party is hopeless to explain the alleged Additional Consumption Deposit charges to the complainant when he approached the opposite party is false and denied the complainant has been supplied the power to his service and he is using at. He is bound to pay the Additional Consumption Deposit as per regulation No.6/04 of electricity regulatory
-5-
commission the opposite party received the notice of this case in the month of June 2008. In view of the above said circumstances the reply to the legal notice was not given by the opposite party .
The claim of compensation of Rs.25,000/- by complainant from the opposite party alleging deficiency of service for the non explation of Additional Consumption Deposit as charges is misconceived and misconstrued. When the complainant approached the office of opposite party he was informed of the payment of the Additional Consumption Deposit amount of Rs.825/- to the department and after having been satisfied of the said Additional Consumption Deposit as security deposit he paid the Additional Consumption Deposit on 29.2.2008. If the security deposit of consumer is found to be in excess by more than 10% of the security deposit refund of excess security deposit shall be made by the licence by adjustment of the outstanding dues from the consumer to the licensee (or) any amount becoming due from the consumer to the licensee immediately after the review of the addl. security deposit for the electricity supplied there is no deficiency of service there is no stoppage of power supply to the consumer service. When once he paid the Additional Consumption Deposit to the department pursuant to the notice after review of Additional Consumption Deposit on being satisfied of the reasons for the payment of the same the alleged mental and tension in created for the purpose of the liable to be dismissed.
The point for consideration whether the complainant proved his case regarding the Additional Consumption Deposit amount against to the opposite party?
The complainant is filed his proof affidavit along with the documents and written arguments which is marked as Ex.A.1 to A.6, the opposite party also filed counter affidavit along with documents and memo filed chief affidavit great as written arguments which is marked Ex.B.1.
We gone through the contention of the both side and perused the documents and affidavit. The contention of the complainant is that the opposite
-6-
party charged the Additional Consumption Deposit amount of Rs. 825/- without enactment of law as regulation the complainant is not new to the consumer for the purpose of laying the poles fixation of electric lines and for misilenanous expenses the opposite party has collected the Additional Consumption Deposit from the consumer. It in the duty of the Electricity Department but not for the exclusive use of the consumers as such the department is not entitled to collect the Additional Consumption Deposit amount deposit from the consumers. Further contention
is that no dues at any points of time till date. As such opposite party cannot penalize by levying the Additional Consumption Deposit on the complainant. The complainant has paying regularly which is units concerned by the complainant as such levying the Additional Consumption Deposit is against the Law and illegal. Further it cannot be collected for reimbursement of staff charges or incidental charges etc.
The opposite party is accepting the complainant is a consumer bearing SC.No. 5551700212 New and 0051700212 Ac 005 (old) cat III 10 HP load at muslapur and attending the opposite party replayed Additional Consumption Deposit charges collected as per the Sec 47, of Electricity 2003 Act which is empower the distribution license to seek reasonable security from the consumer who requires apply of electricity in pursuance of Sec 43. Further alleged as per clause 4(1) of regulation of 2004 of Andhra Pradesh ERC the L.T consumers shall at all times maintain with the license an amount equalent to consumption charges of three months whenever bi-monthly billing is in vogue and two months change is the case of monthly billing cycle as security during the period. The agreement for supply of every to such L.T. consumer is its forced accordingly the Additional Consumption Deposit of the consumer on SC No. 5551700212 (New) have been received for 2006-2007 based on average consumptions for the period from 4/2006 to 3/2007 is collect. Further alleged allegation not made reply to the A2 whereas explained to the complainant orally and he was satisfied and paid the Additional Consumption Deposit bill. It is further allegation that it is false to allege that the opposite party went to the house of complainant and threatened whereas through no notice which was not brought to the notice to before DE/OPPOSITE
-7-
PARTY/APCPDCL and excepting not given reply to the legal notice. Thus the question of paying the Additional Consumption Deposit, of Rs. 825/- to the consumer and the alleged stoppage of power supply to the service there is no Deficiency of Service up on the regarding the regulations.
On a careful consideration of the submissions made by the both sides at appear to the opposite party did not dispute that the complainant is a consumer and he paid on amount of Rs. 825/- for Additional Consumption Deposit amount to the opposite party office on 29.02.2008 and also the complainant is no where denied regarding the old and new service connection numbers with cat III 10 HP load. As per the Ex. B1 clearly shows that A.P. Electricity Regulation Commission regulation Act 2004. The L.T. consumer shall at all lines maintain with the license an amount equivalent to consumption charges. As per Ex. B1 page 5 yearly statement of consumption units list shows that accordingly the Additional Consumption Deposit has been collected for 2006-2007. As per the Ex. A2 shows accepting the receipt of legal notice and not made reply to the notice. Same in clearly stated in the version of the opposite party. As per the Ex. A4 of allegation of the complainant that the opposite party has been not committed any illegality or irregularity in their side. In the above circumstance of the facts the opposite party has rightly collected the Additional Consumption Deposit amount as prescribed by the rules of Andhra Pradesh Electricity Regulation Commission regulation. As such we there fore find no merit in the complaint case filed by the complainant and he has not entitled for any amount of compensation/ relief from the opposite party.
Hence the complaint is dismissed without costs.
Typed to dictation, corrected and pronounced by us in the open forum this the 24th day of February, 2009.
Sd/- Sd/- Sd/-
PRESIDENT LADY MEMBER MALE MEMBER
Sd/-
PRESIDENT
